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> It effectively requires the use of pop-ups to "gain consent", it doesn't ban them. Once again: the law isn't about cookie banners. The law is about user data
by dmitriid 4y ago
> It effectively requires the use of pop-ups to "gain consent", it doesn't ban them.
Once again: the law isn't about cookie banners. The law is about user data.
That is: if you want to collect more data that is strictly required for the functioning of your business, then you must ask user for consent. Note: the law doesn't care if your business is online, or offline, or a combination thereof. If you set up a corner shop selling bread, and start asking customers for their name and address, you will be subject to the same GDPR provisions as a website.
How difficult is that?
Literally nothing in the law requires cookie banners. The only reason these obnoxious cookie banners exist is because the greedy leeches in our industry cannot live without siphoning your data en masse and selling it to the highest bidder, consequences be damned.
Now. Here's what you said: "Either GDPR should be updated to ban consent pop-ups and simply make “REJECT” the default everywhere"
The law already clearly states: REJECT has to be as simple as giving consent. And the entire industry said: yes, of course, here's a default "accept" with hundreds of pre-checked boxes, and you have to go through every single one of them one by one to reject.
How is that the law's fault?
They cannot ban people from asking users for consent to collect data. However, the law is rather explicit: any person has the right to reject this, the rejecton has to be as easy and clear as accepting, and people cannot be denied service just because they rejected collection of non-necessary data.
As the article above states: once the law started to be enforced, sites started obeying the law, and not flaunting it. Well, they still flaunt it with their "legitimate uses" bullshit, but the tide is ever so slowly turning.
Too bad, even developers are so gullible as to have been tricked into parroting the "law is bad" and "law requires obnoxious cookie banners" nonsense. No, it isn't. No, it doesn't.
- Reason077 4y ago> ”They cannot ban people from asking users for consent to collect data.” Why not? This is exactly what needs to happen. Either that, or allow cookie consent to be granted/declined globally in the browser settings, not with a bespoke, intrusive UI on every. single. damn. website. Let’s ban cookie pop ups!
- dmitriid 4y ago> Why not? This is exactly what needs to happen. No, it's not. Because there are actual legitimate reasons for organisations and businesses to ask for user's consent. > Either that, or allow cookie consent You keep missing the simple fact that GDPR is not about cookie consents. How many times do I have to repeat this? > not with a bespoke, intrusive UI on every. single. damn. website. Again. In as simple terms as I possibly can: - GDPR is about user data everywhere, not just in the browsers - GDPR does not mandate cookie pop ups. This is entirely the work of a greedy industry - GDPR cannot ban asking for user consent. Because that is a) over-reaching, and b) makes legitimate cases for asking for user consent illegal - And again. GDPR is not about browsers. GDPR is not about websites. GDPR is not about cookies. GDPR is not about cookie popups Note: if websites actually respected the law and user privacy, you wouldn't even see those popups. But sure. Tell me how it's the law that is responsible for them.
- Reason077 4y ago> "You keep missing the simple fact that GDPR is not about cookie consents. How many times do I have to repeat this?" Fine. That's great: if GDPR is not about cookie consents then let's get rid of the damned pop-ups! If that means no more tracking cookies, then so be it. That's a good thing! This is no different to the behaviour when a user clicks "reject non essential cookies" and also no different to what Apple already did with apps that accessed advertising tracking IDs on iOS. Facebook complained and lost a little money, but the world didn't end and the sky didn't fall. (iOS users can still choose to let apps track, but that UI is provided by the OS, not the app, and can be set globally). > "makes legitimate cases for asking for user consent illegal" I'm not at all suggesting that consent shouldn't still be asked for in situations where it's legitimate, like storing actual user personal data that they provide when signing up for an account, for example. But simply visiting a website should not be considered a legitimate reason to obtain or store a user's data. Therefore there is no reason to ask for consent, and the practice should be banned.
- dmitriid 4y ago> I'm not suggesting that consent shouldn't still be asked for in cases where it's legitimate, like storing actual user personal data that they provide when signing up for an account, for example. Guess what. In this case the you don't have to ask for user consent. Because this data is strictly essential to site functionality. > But simply visiting a website should not be considered a legitimate reason to obtain or store a user's data. Guess what. It's exactly what GDPR is saying.